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Police Misconduct/ Civil Rights Violation

The past twenty years has seen a dramatic shift in our country from protecting the citizen to protecting the government. There is no other area of personal injury law that has as many conditions or requirements for getting your case to a jury than claims of police misconduct or civil rights violations.

If you believe you were unjustly arrested or prosecuted for a crime that you were found innocent, or was dismissed, you may have the right to sue the city and police officers involved.

Unlike other areas of personal injury claims, cases involving police misconduct or civil rights violation can be brought in state or federal court.

When brining a lawsuit in state court, you must file a piece of paper known as a “Notice of Claim” against the governmental entity involved (in my practice, usually the City of New York) and the individual police officers involved.

Once 30 days pass from the time you filed the Notice of Claim and the city did not settle your case, you must begin your lawsuit by the filing a summons and complaint within 1 year and 90 days from the date of the occurrence.

If you sue in federal court, you do not have to file a Notice of Claim, but the proof requirements are usually higher. Most of these claims are dismissed on technicalities, and the person never gets a jury to decide the merits of his or her claim.

If you, a family member or friend have been a victim of police brutality, it is very important to seek advice from an attorney with experience when bringing an excessive force, false arrest, malicious prosecution or civil rights violation claim. Contact me or my team to discuss your case. You can also reach us by phone at 212-714-2100.

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